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      The Guardian view on Trump and presidential immunity: the return of the king | Editorial

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      The supreme court’s ruling on presidential immunity combines a tectonic constitutional shift and immediate political repercussions to devastating effect. It allows one man to stand above the law. It slows and appears to gut the 2020 election-subversion case against Donald Trump, though it does not necessarily end it. No one believes a trial can be held before November’s election, although court hearings could still offer a detailed airing of the evidence this autumn.There could hardly have been a better week for Mr Trump, who saw his rival stumble so badly in last Thursday’s debate that Joe Biden faces growing calls to quit four months from election day. Anyone who doubts how consequential a second Trump administration term would be for the United States and the world need only look to the supreme court, now ruled by a conservative supermajority thanks to three Trump-appointed justices.Monday’s majority ruling, penned by Chief Justice John Roberts, is a disingenuous, bloodless discussion which pompously warns that “we cannot afford to fixate exclusively, or even primarily, on present exigencies”. The minority opinion, written by Justice Sonia Sotomayor, is screaming to the people to wake up: the city on a hill is on fire. A twice-impeached convicted felon who attempted to overturn the people’s verdict, reveres authoritarians and pledges to be a dictator (only “on day one”) could soon be re-elected. This is not about exigencies; this is an emergency.Justice Sotomayor outlined the new limits for a president: “Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organises a military coup to hold on to power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune … In every use of official power, the president is now a king above the law.”The court’s ruling grants complete immunity from criminal prosecution to core presidential powers. But it also grants presumptive immunity to other “official acts” – and these are extraordinarily widely drawn. Pressuring Mike Pence not to certify the 2020 election results would probably enjoy immunity, Chief Justice Roberts writes, because if the president and vice-president are discussing official duties, this is official conduct; and presiding over the results is a constitutional responsibility of the vice-president.The bar for overturning presumption looks sky-high, as Justice Sotomayor notes – doing so must pose no danger of intrusion whatsoever on presidential authority. The president’s motives cannot be examined. Nor can official acts be used in criminal cases relating to unofficial acts. The resulting scope is so great that any politician or official would surely balk at granting it to the other side – unless they were certain they could hold on to power indefinitely.This ruling will almost certainly, as it should, further lower declining support for a court now mired in scandal, thanks to the Republican-appointed Clarence Thomas and Samuel Alito. Other majority rulings in recent days have delivered a major blow to the regulatory powers of federal agencies and, extraordinarily, said that officials can accept cash or gifts from people they have assisted: they only count as bribes if given before the favour. This is a court for the rich and powerful, and it is making them more so. The founders intended the supreme court to be part of the solution to the tyranny of European kings. Mr Trump, and the court’s conservative justices, have made it part of the problem. More

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      Texas congressman becomes first House Democrat to call on Biden to withdraw

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      The first congressional Democrat has broken ranks and called on Joe Biden to withdraw his presidential candidacy following last week’s calamitous debate performance against Donald Trump.Lloyd Doggett, a House member for Texas, became the first Democrat in the House of Representative to urge the president to stop aside amid continuing signs of underlying alarm in the wider party over his electability triggered by his faltering display in Atlanta.As senior party figures continued to offer Biden public support even amid fevered behind-the-scenes concern, Doggett brought his own misgivings into the open, saying he had hoped last week’s debate “would give some momentum” to the president’s stagnant poll ratings in key battleground states.“It did not,” he said. “Instead of reassuring voters, the President failed to effectively defend his many accomplishments and expose Trump’s many lies.”He urged Biden to follow the path of a previous Democratic president, Lyndon Johnson, and announce that he would not accept the party’s nomination as candidate – a potential move commentators have dubbed as an “LBJ moment” (after Johnson’s full initials).“I represent the heart of a congressional district once represented by Lyndon Johnson. Under very different circumstances, he made the painful decision to withdraw,” Doggett said. “President Biden should do the same.”Johnson withdrew from the 1968 election race amid a a popular groundswell of opposition to the war in Vietnam and primary challengers in his own party, including from Robert F Kennedy, whose son is running as an independent candidate in the 2024 election and polling at levels that could further hurt Biden in a close race.Doggett – at 77, just four years younger than the 81-year-old president – praised Biden’s legislative achievements in office but said the time had come to hand over to a younger generation, pointing out that he had pledged during the 2020 election campaign to be a transitional figure.“While much of his work has been transformational, he pledged to be transitional,” he said. “He has the opportunity to encourage a new generation of leaders from whom a nominee can be chosen to unite our country through an open, democratic process.“My decision to make these strong reservations public is not done lightly nor does it in any way diminish my respect for all that President Biden has achieved.“Recognising that, unlike Trump, President Biden’s first commitment has always been to our country, not himself, I am hopeful that he will make the painful and difficult decision to withdraw. I respectfully call on him to do so.”It remains to be seen if Doggett’s public stance will encourage other worried Democrats to put their heads above the parapet amid a steady drip of anecdotal and polling evidence that last Thursday’s CNN debate has had a corrosive effect on the president’s standing.A new poll in New Hampshire – a state Biden won by 10 points in 2020 – showed him now two points behind Trump since the debate.While Biden’s campaign have tried to frame the debate as one-off and pledged a fierce fightback, there have been mutterings of discontent within Democrat ranks.State governors – some of whom have been touted as potential replacements – have reportedly complained that Biden has not personally reached out to them since the debate, while similar gripes have been attributed to Hakeem Jeffries and Chuck Schumer, the Democratic leaders in the House and Senate respectively.Other ostensibly supportive figures, including the former House speaker Nancy Pelosi and Jim Clyburn, a representative from South Carolina, have issued statements that hinted at ambivalence.“I think it’s a legitimate question to say, is this an episode or is this a condition? When people ask that question, it’s completely legitimate – of both candidates,” Pelosi told MSNBC, adding that she heard “mixed” views on whether Biden was fit for the presidential campaign.In another sign of simmering discontent, Peter Welch, a Democratic senator for Vermont, criticised the Biden campaign for dismissing concerns over the president’s age as “bedwetters”.“But that’s the discussion we have to have,” he told Semafor. “It has to be from the top levels of the Biden campaign to precinct captains in the South Side of Chicago. … The campaign has raised the concerns themselves … So then to be dismissive of others who raise those concerns, I think it’s inappropriate.” More

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      House Democrat pledges amendment to reverse Trump immunity ruling

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      A Democratic congressman is calling for a new constitutional amendment to reverse the supreme court’s ruling granting presidents broad immunity from criminal prosecution, a decision that could hamstring the federal case against Donald Trump over his efforts to overturn the results of the 2020 election.Congressman Joe Morelle, a New York Democrat, raised the idea on Monday, just hours after the supreme court issued its 6-3 decision, which fell along ideological lines.“I will introduce a constitutional amendment to reverse Scotus’s harmful decision and ensure that no president is above the law,” Morelle wrote on X. “This amendment will do what Scotus failed to do – prioritize our democracy.”But Morelle’s plan is highly unlikely to succeed. A constitutional amendment can be proposed either by a two-thirds majority vote in the House and Senate or by a constitutional convention, which may be called by two-thirds of state legislatures.With Republicans controlling the House of Representatives and a majority of state legislative chambers, that hurdle appears impossible to overcome. Republicans largely celebrated the court’s ruling as a win for the rule of law, despite legal experts’ warnings that the decision could set a dangerous precedent for future presidents.“Today’s ruling by the court is a victory for former president Trump and all future presidents, and another defeat for President Biden’s weaponized Department of Justice and Jack Smith,” Mike Johnson, the Republican House speaker, said on Monday.Even if a two-thirds majority of Congress members did somehow come together to propose Morelle’s suggested amendment, it would need to be ratified by three-quarters of state legislatures to be added to the constitution. Given that Democrats control just 41% of state legislative chambers, ratification efforts would almost certainly prove futile.With few options to challenge the court’s ruling, Democrats seem intent on turning the immunity case into a campaign issue. As he addressed the court’s decision on Monday evening, Joe Biden called on Americans to prevent Trump from returning to the White House at a time when “he’ll be more emboldened to do whatever he pleases”.“Now the American people have to do what the court should have been willing to do and will not,” Biden said. “The American people have to render a judgement about Donald Trump’s behavior.” More

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      Rees-Mogg tells young Tories he wants to ‘build a wall in the English Channel’

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      Jacob Rees-Mogg has said he wants to “build a wall in the English Channel” in a leaked recording, in which he heaped praise on Donald Trump and the hardline Republican response to immigration.Speaking to young Conservative activists, Rees-Mogg doubled down on his backing for the former US president, saying he took the right approach by building a border wall.“If I were American I’d want the border closed, I’d be all in favour of building a wall. I’d want to build a wall in the middle of the English Channel,” the former cabinet minister said.Rees-Mogg is fighting a strong Labour challenge in his North East Somerset and Hanham constituency against Dan Norris, the mayor of the West of England, who was previously MP in the seat until he was defeated by Rees-Mogg in 2010.Rees-Mogg, a popular figure among Tory party members, is likely to be influential in the Conservative leadership race if he retains his seat. Support for Trump’s White House bid is a sharp divider within the party between the right and the centrist One Nation group. Those who have given public backing to the former president, who has been convicted on 34 felony counts, include the Conservative former prime ministers Liz Truss and Boris Johnson, who said Trump’s return would be a “big win for the world”, and the former MPs Andrea Jenkyns and Jake Berry.In January 2024, Jenkyns said: “We’d be a safer place if Trump came back.”; Berry told ITV the US should “bring him back”.Speaking before a pub crawl in March organised by a Young Conservative group, Rees-Mogg said: “Every so often, I slightly peek over the parapet, like that image from the second world war of the man looking over the wall, and say if I were an American, I would vote for Donald Trump and it’s always the most unpopular thing I ever say in British politics, but I’m afraid it’s true. I would definitely vote for Donald Trump against Joe Biden.”skip past newsletter promotionafter newsletter promotionIn the recording, Rees-Mogg claimed Biden “doesn’t like Britain” and said that was his biggest concern going into the election. “That’s … much more important for me than whether somebody closes the border between the US and Mexico … I want Trump to succeed as he looks like the candidate. And one does to some degree worry about the mental acuity of President Biden.”The Reform UK leader, Nigel Farage, has also been a champion of Trump, appearing at multiple rallies in the US and suggesting he wants to mirror the Republican candidate’s success in mounting a takeover of the right.At a rally on Sunday, Farage said he would “make Britain great again” in an echo of the former US president’s slogan. He has previously said Trump “learned a lot” from the provocative speeches he himself made during his years in Brussels.Rees-Mogg did not respond to a request for comment. More

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      Republicans hail Trump immunity ruling as Democrats warn ‘we will not have a democracy’

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      While Republicans applauded the supreme court’s decision to grant Donald Trump immunity for official acts undertaken as president, Democratic leaders expressed outrage over a ruling that legal experts warn could undermine the foundations of US democracy.The court’s six conservative justices ruled that presidents have “absolute immunity” for official acts but no immunity from unofficial acts. The distinction could hamper the federal case against Trump over his efforts to overturn the results of the 2020 presidential election, and makes it even less likely that the case will go to trial before election day in November.Trump celebrated the ruling as a “big win for our constitution and democracy” – a view echoed by the Republican House speaker, Mike Johnson.“Today’s ruling by the court is a victory for former President Trump and all future presidents, and another defeat for President Biden’s weaponized Department of Justice and Jack Smith,” Johnson said.“As President Trump has repeatedly said, the American people, not President Biden’s bureaucrats, will decide the November 5 election.”Jim Jordan, the Republican chair of the House judiciary committee, weighed in as well. “Hyper-partisan prosecutors like Jack Smith cannot weaponize the rule of law to go after the administration’s chief political rival, and we hope that the left will stop its attacks on President Trump and uphold democratic norms,” Jordan said.Democrats, meanwhile, condemned the decision as a disgrace, describing it as an attack on the separation of powers and a black mark on the supreme court’s reputation.“This is a sad day for America and a sad day for our democracy,” said Chuck Schumer, the Democratic Senate majority leader.“This disgraceful decision by the Maga supreme court – which is comprised of three justices appointed by Mr Trump himself – enables the former president to weaken our democracy by breaking the law. This decision undermines the credibility of the supreme court, and suggests that political influence trumps all in our courts today.”Hakeem Jeffries, the House Democratic leader, said the ruling “sets a dangerous precedent for the future of our nation”, adding: “The Framers of the constitution envisioned a democracy governed by the rule of law and the consent of the American people. They did not intend for our nation to be ruled by a king or monarch who could act with absolute impunity.”Legal experts voiced similar concerns about the ruling’s implications, highlighting liberal justice Sonia Sotomayor’s warning that the decision could enable a future president to claim immunity for blatantly illegal acts such as ordering the assassination of a political rival or organizing a military coup to stay in power.“Scotus’s immunity decision will in time rank as among the court’s worst decisions in its many year history,” Claire Finkelstein, a law professor at the University of Pennsylvania, said. “Any US president can now violate the law to remain in power as long as he cloaks it in the trappings of his office.”Joyce Alene, a law professor at the University of Alabama, concluded: “It’s up to American voters. We held Trump accountable at the polls in 2020 [and] must do it again in 2024. Because the supreme court won’t.”skip past newsletter promotionafter newsletter promotionJoe Biden’s campaign team agreed that the ruling only heightened the stakes of the presidential race, and they urged voters to reject Trump in November to avoid a repeat of the violence seen on 6 January 2021.On a Biden campaign press call, the congresswoman Jasmine Crockett, a Texas Democrat, said the ruling underscored how Trump’s re-election would endanger Americans’ fundamental freedoms.“We’re talking about reproductive freedom, freedom to access the ballot box, freedom to love who you want, freedom of press, freedom of speech, freedom of religion and freedom to live the life you want to live,” Crockett said. “We can’t underestimate Donald Trump’s threat or his dark vision for our future.”Harry Dunn, a former US Capitol police officer who working during the January 6 insurrection, told reporters that the ruling amplified Trump’s status as “the single greatest threat to our democracy”.“We don’t need nine supreme court justices to tell me that Donald Trump was responsible for January 6,” Dunn said. “I was there. Those people that attacked us, they attacked us in his name on his orders.”Congressman Dan Goldman, a Democrat from New York who previously served as lead majority counsel in Trump’s first impeachment inquiry, went even further by framing Trump’s re-election as “far and away the biggest threat since the civil war”.Goldman said: “If Joe Biden is not elected in November, we will not have a democracy that we have known for 250 years.” More

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      The Guardian view on Joe Biden: Democrats must seize the wheel, not drift to disaster | Editorial

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      The Democrats have no good options. The question now is which is the least dangerous of the bad ones. Democratic voters did not want Joe Biden to run again. Almost 70% judged him too old to serve another term as president when polled last year. Privately, many senior Democrats and donors shared their qualms. But with Mr Biden determined to stand, the consensus was to rally round. Now, after last Thursday’s catastrophic debate, the party is panicking. Only four months from the election, there is frenzied discussion of potential replacements.That would almost certainly require Mr Biden’s agreement. His wife, Jill, seen as key to his decision, seems to be urging him on. He is said to believe that only he is capable of beating Mr Trump again. Few agree. The lack of a formal mechanism to remove him does not preclude the effects of political gravity. Slumping polls, drying up funds and private, or even public, demands for his departure from senior Democratic figures could yet change his mind. A growing chorus of previously supportive media figures is urging him to quit.Mr Biden has achieved far more than even many sympathisers expected, despite merited internal criticism over his handling of Israel’s war in Gaza, and immigration. It is true that he has not received sufficient credit. It is also true that his debate performance was far worse than even pessimists had anticipated. It went beyond fumbling words, looking frail and sounding feeble. On abortion rights, his answer was incomprehensible. No confident rally appearances will erase this disaster.Though Mr Trump’s own rally addresses have been increasingly rambling, incoherent and vengeful, he was – by his standards – disciplined in delivery on Thursday. But what he delivered was a stream of lies. His first term, culminating in his attempt to overturn the will of the people in the 2020 election and his supporters’ storming of the Capitol, was profoundly damaging to the US. Far from any hint of repentance, his own words show that a second term would be far more destructive, and this time he has a cohesive and determined team to effect his plans. His rhetoric has become increasingly fascistic. The world is demonstrably less safe than before his tenure: look to North Korea, Iran, or any one of its emboldened autocrats from Vladimir Putin onwards. He would pull out of the Paris climate accord again. None of this lowers the bar for the Democratic candidate. It raises it, because it is essential that Mr Trump is defeated.Replacing Mr Biden at this late stage would be risky. There is no obvious candidate for a coronation, even if contenders could be persuaded to put personal ambition and political differences aside. Kamala Harris, the vice-president, has similarly dismal poll ratings. Though August’s convention would offer a stage for contenders, the party would be going to the nation with a relatively unknown and largely untested candidate.Yet Mr Biden is known and disliked. He was tested again on Thursday, and failed. He saved his country by standing in 2020. But the debate has forced many to conclude that the best way for him to save it in 2024 is to stand aside. Those closest to him must advise not in his interests, but the country’s. The Democrats are caught between Scylla and Charybdis. Whatever their choice, they must grasp the wheel before it is too late. If the vessel founders, it is not merely the party that is in danger, but American democracy itself. More

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      Could Kamala Harris be a winner for the Democrats if Biden steps aside?

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      Joe Biden’s stumbling debate performance left Democrats so panicked some are searching for an alternative to replace the 81-year-old president as the party’s standard-bearer.Biden has given no indication that he intends to exit the race, and his campaign has flatly dismissed the suggestion. But that has done little to silence critics who are openly questioning whether Biden is the right person to take on Donald Trump, a figure the president – and his party – view as a grave threat to American democracy.In the unlikely scenario Biden decides not to run, the most obvious choice to replace him would be his 59-year-old vice president and running mate, Kamala Harris. But it would not be automatic – and other candidates would likely challenge Harris, who has suffered her own low approval ratings, for the nomination.Already some Democrats are looking past the vice-president at other possible contenders – Michigan governor Gretchen Whitmer, Illinois governor JB Pritzker, California governor Gavin Newsom and Maryland governor Wes Moore.It’s a sign that Democrats have yet to fully embrace Harris as Biden’s heir apparent.“To even discuss Biden stepping down while COMPLETELY IGNORING THE VP … is a serious look into how we see the importance, capacity and seriousness of women of color,” writer Tanzina Vega, said on X.Harris, the daughter of Jamaican and Indian immigrants, is the highest-ranking female elected official in US history and the first Black and first Asian American to serve as vice president.Democrats, traumatized by Hillary Clinton’s loss to Trump in 2016, rallied behind Biden in 2020 over a younger, more diverse and progressive field of candidates that included Harris. As a candidate, Biden promised to be a “bridge” to the next generation of Democratic leaders, which many interpreted as commitment to serve one-term and before passing the baton to Harris.But when the time came to make a decision, Biden argued that he was still the Democrat best-positioned to beat Trump.For the past three and a half years, Harris’s barrier-breaking vice-presidency has divided Democrats. Negative press, some of it self-inflicted, compounded by sexist and racist attacks, and a challenging policy portfolio weighed on public perception of the former California senator. Nearly 50% of voters have an unfavorable view of Harris, according to 538’s polling average, compared with the roughly 40% who view her favorably, figures that are comparable with Biden’s.Despite a rocky start to her tenure, Harris has eased into the role, especially since becoming the administration’s leading voice on abortion rights. On Monday, Harris marked two years since the second anniversary of the US supreme court decision that overturned Roe v Wade with a fiery warning that Trump would not hesitate to further restrict women’s reproductive rights in a second-term.Nodding to her background as a prosecutor, the vice president declared: “In the case of the stealing of reproductive freedom from the women of America, Donald Trump is guilty.”Harris’s clear defense of abortion rights, by far Democrats’ strongest issue, stands in stark contrast to Biden. During Thursday’s debate, Biden fumbled an attack on Trump over Republican bans on the procedure, pivoting bizarrely to immigration and raising the case of a young woman murdered in Georgia.Moments after Biden finished the debate, it was Harris who came to his defense first in a pair of interviews. On CNN and MSNBC, Harris spun his performance, saying voters must look at the last three-and-a-half years of accomplishments and not just at the 90-minute debate. Harris conceded that Biden had a “slow start” but insisted he finished “strong.”“I’m talking about the choice for November,” she said on CNN. “I’m talking about one of the most important elections in our collective lifetime.”In a sharp back-and-forth, CNN anchor Anderson Cooper pressed Harris about calls for Biden to step aside.“I’m not going to spend all night with you talking about the last 90 minutes when I’ve been watching the last three-and-a-half years of performance,” she said, emphasizing his legislative and executive achievements he’s pulled in his first-term.At a rally in Las Vegas the following day, Harris doubled down on her support.“In the Oval Office, negotiating bipartisan deals, I see him in the situation room keeping our country safe,” she said, adding that the election would not be decided by “one night in June”.The Atlanta debate was the first of the election cycle, with a second scheduled in September. The Biden campaign has agreed to a vice-presidential debate between Harris and Trump’s eventual running mate, but the terms have not yet been to confirmed.In a hypothetical matchup against Trump, Harris performed roughly on par with Biden, trailing the former president by six points in a February Times/Siena poll. Biden trailed Trump by five points in the same poll. Meanwhile, the poll found Harris ran stronger than Biden with Black voters, though worse with Hispanic voters and men.Biden’s age has long been an electoral challenge. But his shaky debate performance shocked even his staunchest supporters. At a rally on Friday, Biden acknowledged his stumbles, but insisted he was still the best candidate to defeat Trump.“I know I’m not a young man, to state the obvious,” he said at a post-debate rally in North Carolina. “I know I don’t walk as easy as I used to, I don’t speak as smoothly as I used to, I don’t debate as well as I used to, but I know what I do know. I know how to tell the truth.”But mounting concerns about Biden’s mental acuity have drawn even greater scrutiny of Harris, particularly from the right. Republicans have sought to make Harris a boogyman, with Nikki Haley warning during the GOP primary a vote for Biden was a vote for “a President Harris”.With the convention scheduled for mid-August in Chicago, and the formal nomination process to take place virtually at some point before that to meet an Ohio ballot deadline, many Democrats have said there is not enough time to replace Biden at the top of the ticket.Former South Carolina lawmaker and Democratic commentator Bakari Sellers, who endorsed Harris in the 2020 primary, said wishing for an alternative to emerge at this stage was futile.“You’re not nominating Gretch or Gavin or Wes over Kamala. Stop it,” he wrote on X, adding: “Choice is Trump, Biden or couch. I choose Joe.” More